EPA v. VALLEY TECHNOLOGIES, INC.

Case summary

10/2/01: PURSUANT TO SECTION 107(A) OF COMPREHENSIVE ENVIRO NMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, AS AMENDED (CERCLA) REGION VII REQUESTS THAT DOJ TAKE STEPS TO RECOVER APPROXIMATELY $1,114,025.48 IN PAST OVERSIGHT RESPONSE COST S INCURRED BY EPA AT THE VALLEY PARK TCE SITE (THE SITE ), A STATE-LEAD SITE LOCATED IN THE CITY OF VALLEY PARK, MISSOU RI. EPA ALSO SEEKS A DECLARATORY JUDGEMENT FOR FUTURE COSTS IN A SUBSEQUENT ACTION FOR ADDITIONAL COSTS FOR OPERABLE UN ITS I AND II AT THE VALLEY PARK TCE SITE (THE SITE ). THE SITE IS IN VALLEY PARK, MISSOURI AT THE MERAMEC RIVER ALLUVI AL AQUIFER WHICH WAS USED AS THE WATER SUPPLY BY THE CITY OF VALLEY PARK. THE CITY OF VALLEY PARK IS LOCATED APPROXIMAT ELY 15 MILES SOUTHWEST OF ST. LOUIS, IN ST. LOUIS COUNTY, MI SSOURI. THE SITE CONSISTS OF TWO OPERABLE UNITS FOR WHICH T HE STATE RECEIVES SUPERFUND MONEY TO CONDUCT. THE STATUTE O F LIMITATIONS RUNS ON MAY 14, 2002 FOR OUI COSTS. THE FIRST OPERABLE UNIT IS THE INVESTIGATION OF THE SITE AND REMEDIATION OF THE WAINWRIGHT INDUSTRIES INC.'S (WAINWRIGHT) ORIGINAL FACILITY LOCATED AT 224 BENTON AVENUE IN VALLEY PARK, MISSOURI BEING CONDUCTED B Y WAINWRIGHT INDUSTRIES, INC. PURSUANT TO A STATE CONSENT DE CREE, OPERABLE UNIT I (OUI). EPA INCURRED COSTS IN CONDUCTI NG INVESTIGATION, NEGOTIATING A REMOVAL ORDER AND IN OVERSIG HT OF THIS STATE LEAD SITE. THE SECOND OPERABLE UNIT IS THE REMEDIATION OF THE ALLUVIAL AQUIFER USED FOR VALLEY PARK'S THE CITY'S WATER SUPPLY BEING CONDUCTED BY THE STATE OF MISS OURI, OPERABLE UNIT II (OUII). OUII WILL ALSO INVOLVE THE R EMEDIATION OF VALLEY TECHNOLOGIES' FACILITY. THE STATE HAS EXPENDED FUNDS FROM SUPERFUND IN CONDUCTING THE REMEDIAL INV ESTIGATION/FEASIBILITY STUDY (RI/FS) AND EPA HAS PROVIDED OV ERSIGHT FOR OUII. PERCHLOROETHYLENE (PCE) AND TRICHLOROETHY LENE (TCE) ARE THE PRIMARY CONTAMINANTS FOUND IN THE PLUME N EAR THE WAINWRIGHT PROPERTY. 1,1,1 TRICHLOROETHANE (TCA) AN D TCE ARE THE PRIMARY CONTAMINANTS IN THE PLUME FOUND NEAR V ALLEY TECHNOLOGIES, INC. (VALLEY TECHNOLOGIES) PROPERTY. WAINWRIGHT AND VALLEY TECHNOLOGIES ARE PRPS PURSUANT TO SECTION 107(A)(2) OF CERCLA AS OWNERS AND OPERATORS AT TH E TIME OF DISPOSAL FOR BOTH OPERABLE UNITS. VALLEY TECHNOLO GIES IS ALSO LIABLE AS THE CURRENT OWNER AND OPERATOR PURSUA NT TO SECTION 107(A)(1) OF CERCLA. BOTH WAINWRIGHT AND VALL EY TECHNOLOGIES USE METAL DEGREASERS IN THEIR OPERATION. WA INWRIGHT ADMITS TO THE USE OF PCE AND TCE AS PART OF THEIR O PERATIONS. VALLEY TECHNOLOGIES ADMITS TO THE USE OF TCA AS P ART OF ITS OPERATION; LOCAL RECORDS SHOW THAT VALLEY TECHNOL OGIES ALSO USED TCE, WHICH IS SUPPORTED BY ONE FORMER EMPLOY EE'S STATEMENT. THEY EACH ADMIT TO AT LEAST INCIDENTAL SPIL LAGE OF TCE AND TCA. FORMER EMPLOYEE AND WITNESS ACCOUNTS P ROVIDE EVIDENCE THAT WAINWRIGHT REGULARLY DISPOSED OF PCE AN D TCE AT THE WAINWRIGHT FACILITY AND VALLEY TECHNOLOGIES DIS POSED OF TCE AND TCA AT THE VALLEY TECHNOLOGIES' FACILITY. TWO INDIVIDUAL WHO WERE OFFICERS AND DIRECTORS OF WAINWRIGHT WHILE IT OPERATED AT 224 BENTON AVENUE ARE LIABLE PURSUANT TO SECTION 107(A)(2) OF CERCLA. THEY ARE WILLIAM NELSON WAINWRIGHT II AND ARTHUR D. WAINWRIGHT WHO ARE LIABLE AS OPERATORS AT THE TIME OF DISPOSAL BECAUSE THEY CON TROLLED THE OPERATION BEGUN BY THEIR FATHERS, COMPLETELY IGN ORING ILLEGAL WASTE DISPOSAL PRACTICES AT THE FACILITY.

Defendants (6)

• ARTHUR D WAINWRIGHTNamed in complaint
• BARRY R TODDNamed in complaint
• LOUIS E SELLNamed in complaint
• VALLEY TECHNOLOGIES, INC.Named in complaint
• WAINWRIGHT INDUSTRIES, INC.Named in complaintNamed in settlement
• WILLIAM NELSON, WAINWRIGHT IINamed in complaint

Facilities (3)

• VALLEY TECHNOLOGIES INC

  600 ST LOUIS AVE, VALLEY PARK, MO, 63088

  Registry ID: 110022329201

• VALLEY TECHNOLOGIES INC

  600 ST LOUIS AVE, VALLEY PARK, MO, 63088

  Registry ID: 110022329201

• WAINWRIGHT IND INC

  224 BENTON AVE, VALLEY PARK, MO, 63088

  Registry ID: 110003951224

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• VALLEY TECHNOLOGIES, INC.entered 2005-02-11

  Primary law: CERCLA

Timeline (7 milestones)

• 2001-09-28Referred To Dept Of Justice
• 2001-10-02Enforcement Action Data Entered
• 2004-11-18Complaint Filed With Court
• 2004-11-18Final Order Lodged
• 2005-02-11Final Order Entered
• 2005-06-03Enforcement Action Closed
• 2005-06-03Pipeline Closed